Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. The Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that sentences of imprisonment involve the obligation to work according to section 69(1) of the Prisons Service Act of 2011. It also notes that some provisions of the Penal Code provide for sentences of imprisonment in circumstances that might fall within the scope of Article 1(a) of the Convention, namely:

• – section 75 (publishing or communicating false statements prejudicial to South Sudan);
• – section 76 (undermining the authority of or insulting the President);
• – section 83 (disorderly or riotous conduct in public places);
• – sections 289–292 (defamation).

The Committee requests the Government to provide information on the application of sections 75, 76, 83 and 289–292 of the Penal Code in practice, including copies of any court decision defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with Article 1(a) of the Convention.

2. The Committee also requests the Government to supply copies of the legislation in force in the following fields: laws governing the press and the media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations.

Article 1(c). Punishment for breaches of labour discipline. 1. Disciplinary measures applicable to public servants. The Committee notes that section 103 of the Penal Code provides that: “Whoever, being a public servant wrongfully abandons his or her duty in pre-arranged agreement with two or more other public servants, if the intention or effect of such abandonment is to interfere with the performance of a public service to an extent which will cause injury or damage or grave inconvenience to the community, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding one year or with a fine or with both.”

The Committee recalls that under Article 1(c) of the Convention, no penal sanctions involving compulsory labour, including compulsory prison labour should be imposed for breaches of labour discipline. The Committee has nevertheless considered that it is not incompatible with the Convention to impose penalties on persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of services that are essential to safety or in circumstances where life or health is in danger. In this regard, the Committee observes that the wording of section 103 of the Penal Code, by referring to “grave inconvenience”, might lead to the imposition of penalties of imprisonment involving compulsory labour in a range of circumstances that are not limited to situations where the life, personal safety or health of the population is endangered. The Committee therefore requests the Government to provide information on the application of section 103 of the Penal Code in practice, including copies of any relevant court decision, indicating the grounds for prosecution and the penalties imposed, in order to assess its scope of application.

2. Disciplinary measures applicable to seafarers. The Committee requests the Government to supply copies of legislative texts governing seafarers’ conditions of employment, so that it may examine the nature of the disciplinary measures that could be imposed on them.